Car park confiscating my car. Is it legal?

[Smasher]

Last weekend, I parked in a car park, the sign said £1.40/ph until 10:30pm or £3 for the night. Maybe it said opening hours, but it was not obvious, so maybe I should have read more carefully. I parked there at 10pm, so I just assumed it was 24hrs.

Anyway, when I returned at around 1:30am, the shutters were down and there was an attendant standing there who made us all pay £50 each, plus the parking to get our cars out.
He told us if we didn't/couldn't pay, he simply wouldn't let us out.

I had no choice, so I paid, but I wrote to complain. I at least want a slice of their time for my money

Given that I wasn't the only one there having to fork out, this is clearly a regular money making racket, as you would expect from council parking. This could surely put someone in a very vulnerable & dangerous situation tho, if they couldn't get the £50 there & then, so my question is, is it even legal to force someone to pay the fine on the spot or have their car confiscated for the night?

Maybe I might just ask them to demonstrate how it is legal to do that.

[teaboy2]

Re: Car park confiscating my car. Is it legal?

Where you give a receipt for £50? And have you complained to the council that owns the car park?

Might be worth going back and taking photos of the signage too!

[Smasher]

Re: Car park confiscating my car. Is it legal?

Yes I got the receipt. I emailed a complaint ti RB Kingston and got a reply.

They just said the signs were clear, the operatives were professional and nobody can be endangered by having their car confiscated because the town is monitored by CCTV. In the same email, he said that the CCTV was compromised because the operator was monitoring me and someone else in another car park, so he just invalidated his own bloomin point.

To be honest, I don't really expect any concession for my own fine/charge/whatever, but I live 30 miles from Kingston. Now if someone found themselves in the same situation I was in and didn't have, or couldn't get money, then by confiscating their car, someone now has to find their way home in the early hours of the morning with no money.
If it is legal to deliberately put someone in that situation simply because they couldn't pay immediately, that surely needs to change..

[MissFM]

Re: Car park confiscating my car. Is it legal?

If it is legal to deliberately put someone in that situation simply because they couldn't pay immediately, that surely needs to change..

Hi Smasher ,

I also live a long , long way from my nearest town and absolutely agree with you. I would be stuffed in that situation, which wouldn't be a joke at my age, lol. And what about lone young women? Or people with children? Disabled people?

You must, surely, be right that no-one should hold your car to ransom in this way and I surely hope you are - but I wonder if anyone knows the answer? :tinysmile_hmm_t2:

[Smasher]

Re: Car park confiscating my car. Is it legal?

Hi MissFM

Unfortunately being right is of no concern for councils when there is money to be made..

I googled about it, but I didn't find anything that is relevant, some regional laws about wheel clamping describe immobilising a vehicle 'by attatching a device'. I wonder if there is any kind of precedent for anything like this.

I'm sure by now, there must have been people who have been snookered by this and had to walk home..

[teaboy2]

Re: Car park confiscating my car. Is it legal?

Try searching trespass to property/goods, or unlawful possession etc. You might find something of use there. In my opinion they should have just done what they do i normal circumstances and put a PCN on your windscreen and the attendant letting you leave. That way you have time to pay the PCN or appeal it. To me the £50 charge is nothing more than a PCN with no right to appeal, and only a matter of time before some take action against any council doing the same thing as what they did to you!

[Smasher]

Re: Car park confiscating my car. Is it legal?

Hmm, well I guess that's my homework schedule sorted now then..

I'll try pepipoo aswell, see if anyone there knows something.

Thanks

[MissFM]

Re: Car park confiscating my car. Is it legal?

Unfortunately being right is of no concern for councils when there is money to be made..

The Press? The ECHR? Your MP?

I'd make a stink if I were you :ranger:

[Smasher]

Re: Car park confiscating my car. Is it legal?

Yes, I got nothing to lose by writing a few emails I suppose..

Let's see where this goes..

[teaboy2]

Re: Car park confiscating my car. Is it legal?

Not to mention duty of care obligations to the public. As a state funded civil institution they have a duty of care to protect the public and prevent the public from coming to any harm. I'd say making you walk down unmonitored (CCTV wise) urban and country streets and roads, put them in breach of this obligation. It be even worse if it was a 17 year old, as effectively they making a child walk home alone in middle of the night. Its alright them saying Town center is monitored by CCTV, but most attacks happen away from town centers, where there is no CCTV!

[stevemLS]

Re: Car park confiscating my car. Is it legal?

The Press? The ECHR? Your MP?

I'd make a stink if I were you :ranger:

Please!

[MissFM]

Re: Car park confiscating my car. Is it legal?

Please!

Oh, don't be such a spoilsport. Where's the harm?

[vanman]

Re: Car park confiscating my car. Is it legal?

Hmm, well I guess that's my homework schedule sorted now then..

I'll try pepipoo aswell, see if anyone there knows something.

Thanks

its a £30 call out not £50
http://www.kingston.gov.uk/info/2001...24/car_parks/2

Release of vehicles after closing time

A service operates from the closing time of the car park until 12 midnight to release locked in vehicles. A charge of £30 per vehicle is made for this call-out service. To arrange a call-out telephone020 8547 5798.

If a penalty charge notice has been issued to a vehicle, that charge is payable within 28 days from the date of issue. A discounted charge will be accepted if it is received within 14 days of the issue of the penalty charge notice. Civil Enforcement Officers are not permitted to revoke penalty charge notices once they have been issued. Appeals must be made in writing to the address on the reverse of the ticket.

[Smasher]

Re: Car park confiscating my car. Is it legal?

Not to mention duty of care obligations to the public. As a state funded civil institution they have a duty of care to protect the public and prevent the public from coming to any harm. I'd say making you walk down unmonitored (CCTV wise) urban and country streets and roads, put them in breach of this obligation. It be even worse if it was a 17 year old, as effectively they making a child walk home alone in middle of the night. Its alright them saying Town center is monitored by CCTV, but most attacks happen away from town centers, where there is no CCTV!

Indeed, co-incidently, after I picked up the rest of my band, we only drove about 200 yards and right in front of us, a guy punched another guy in the face with all his might, causing him to fall flat on his back. Then he took out his mobile phone to film his victim lying unconscious in the road! When the police came, he started pretending he was helping the guy. I hope their bloomin CCTV caught that!
Other than all this malarky, we had a pleasant evening of music in Kingston..

[MissFM]

Re: Car park confiscating my car. Is it legal?

Not to mention duty of care obligations to the public. As a state funded civil institution they have a duty of care to protect the public and prevent the public from coming to any harm. I'd say making you walk down unmonitored (CCTV wise) urban and country streets and roads, put them in breach of this obligation. It be even worse if it was a 17 year old, as effectively they making a child walk home alone in middle of the night. Its alright them saying Town center is monitored by CCTV, but most attacks happen away from town centers, where there is no CCTV!

And CCTV is anyway not a prophylactic, just (slightly) more evidence in the event of a crime being reported and actually prosecuted.